Suresh Kumar Sahu vs State Of Chhattisgarh
2021 Latest Caselaw 3621 Chatt

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                                                                              NAFR
                HIGH COURT OF CHHATTISGARH, BILASPUR

                                CRA No. 947 of 2021


1.    Suresh Kumar Sahu S/o Chandra Kumar Sahu, Aged About 21 Years, R/o
      Mallin, P.S. Kasdol, District Baloda-Bazar (C.G.).
                                                                       ----Appellant
                                                                             (In Jail)
                                       Versus
2.    State Of Chhattisgarh, Through District Magistrate Baloda-Bazar (C.G.).
                                                                  ---- Respondent

10/12/2021 Mr. Pragalbha Sharma, Counsel for the appellant.

Mr. Rahim Ubwani, P.L. for the State/respondent.

Heard.

The appeal is admitted for hearing.

Also heard on I.A. No. 01/2021, application for suspension of sentence and grant of bail to the appellant.

By the impugned judgment dated 17/08/2021 passed by 1st Additional Sessions Judge (F.T.C.), District Baloda-Bazar (CG.) in Session Case No. 21/2020, the appellant stands convicted and sentenced as under:

Conviction Sentence Under Section 376 of Indian R.I. for 10 years and fine of Rs. 2,000/-, Penal Code. in default of payment of fine additional R.I. for 1 year.

Counsel for the appellant submits that the impugned judgment is per se illegal and bad in law. There are major contradictions and omissions in the statements of the prosecutrix and other witnesses. The appellant is in jail since 27/08/2020. The disposal of the appeal is likely to take some time, therefore, the appellant be released on bail. Reliance has been placed on the decision of Hon'ble Supreme Court in Sonu @ Subhash Kumar Vs. State of Uttar Pradesh & Another reported in LL 2021 SC 137.

On the other hand, State counsel opposes the bail application.

Heard learned counsel for the parties.

Considering the facts and circumstances of the case, the deposition of the prosecutrix where she states that the appellant and the prosecutrix were acquainted with each other, both were on talking terms over mobile phone, she was well aware of the fact that they belonging to different castes and even then they had physical relations for about a year, when the appellant refused to marry her she lodged a report against him, the detention period of the appellant, the fact that disposal of the appeal is likely to take some time, without expressing anything on merits of the case, I am of the opinion that present is a fit case to suspend the jail sentence imposed upon the appellant and to release him on bail.

Accordingly, the application (I.A. No. 01/2021) is allowed.

It is directed that the execution of substantive jail sentence imposed upon the appellant shall remain suspended during the pendency of this appeal and he shall be released on bail on his furnishing a personal bond in the sum of Rs. 1,00,000/- with two sureties of Rs. 50,000/- each to the satisfaction of the trial Court for his appearance before the Registry of this Court 28th February, 2022. He shall thereafter appear before the Trial Court on a date to be given by the Registry of this Court and shall continue to appear there on all such subsequent dates as are given to him

by the said Court, till disposal of this appeal.

List this case for final hearing in its due course.

-Sd/-

(Gautam Chourdiya) Judge

Chandrakant